Norfolk, Not Iraq, Selected As Site For Third Seal Trial

NORFOLK — Unlike his two comrades, the third Navy SEAL accused of mistreating a suspected terrorist will not be tried in Iraq, a military judge ruled Wednesday.

The court-martial for Special Warfare Operator 2nd Class Matthew McCabe will be held May 3 at Naval Station Norfolk, said Navy Capt. Moira Modzelewski.

Attorneys for McCabe declined to comment after the hearing.

McCabe is accused of punching terror suspect Ahmed Hashim Abed in the stomach while Abed was in U.S. custody. Authorities believe Abed planned the March 2004 ambush and massacre of four Blackwater employees in Fallujah, Iraq. The victims' bodies were later hanged for the world press to photograph.

The two other SEALs who face charges are Special Warfare Operator 1st Class Julio Huertas and Special Warfare Operator 2nd Class Jonathan Keefe, who is from Yorktown.

All three are based in Norfolk.

The Huertas and Keefe trials are set for April in Iraq. Because Abed is being held in Iraq, the two SEALs will have the chance to confront him in open court. The opportunity for face-to-face questioning - instead of relying on taped deposition - was the reason for the change of location.

The change-of-location decision came from the judge who presided over those two cases: Navy Cmdr. Tierney Carlos.

All three SEALs are charged with dereliction of duty and making false official statements.

Huertas is also charged with impeding the investigation by trying to influence the testimony of a witness.

Prosecutors wanted to keep all three cases tied together, and because the McCabe case was originally set for Jan. 19 in Norfolk, they sought to continue it.

Modzelewski said she understood the desire to keep the cases together, but it was apparently not such an overriding concern that McCabe's trial had to be moved to Iraq along with the other two.

The continuance will allow more classified evidence to be reviewed. Also, Modzelewski said, there are three additional witnesses in the case - all of whom now have an attorney - and they are not discussing the case with either the prosecution or defense.

The cases have attracted national criticism from people and political leaders who view it as an overreaction. Critics say the alleged abuse was neither chronic, nor did it result in serious injuries to Abed.

Members of Congress have circulated petitions calling for the charges to be dropped.

Military leaders have defended the need to try to the case. The more disconcerting allegations relate to the alleged cover-up, said Army Maj. Gen. Charles T. Cleveland, commander of Special Operations Command Central.